While it's legal to drink unpasteurized milk, selling it is against the law in Canada because of the risk of E. coli, salmonella and listeria.

Kowarsky's original decision said Schmidt was not guilty of violating the Health Protection and Promotion Act. It said that buyers paid into a co-op that made consumers "part owners" of his dairy cows, and they knew and understood the risks of drinking the milk.

The Ontario government and the Grey Bruce Health Unit disagreed and appealed the decision to the Ontario Court of Justice the following month.